Tuesday, 27 May 2014

Personal Injury Q & A

The
information offered here is comprehensive; however, it should not be considered
upon as an official estimation. There can be exceptions, based upon situations
and various other factors.

Q. What is a Personal Injury Case?

A. A personal injury case is a state of affairs
wherein a personal injury results either from the casualness caused by other
party or an entity like a company. For example, an automobile collision,
slip-and-fall hurt, use of poor quality automobile product by mistake or
purposefully by some other person, medical carelessness or wicked death.

Q. What Type of Damages does a
Personal Injury Case include?

A. Types of damages to be included in a personal
injury case differ as per the state in which the injury or the accident has
taken place. For example, most of the states pay attention to the nature and
the extent of the injury or whether it is permanent or temporary. Besides,
things like overall medical expenses, physical and mental sufferings of past
and future caused by the injury, scars, dislocation of bone, wage loss and
death are other major things that decide the type of personal injury and its
compensation.

Q. Can a Claimant get Compensation
for the Injury, even if partly at Fault?

A. A claimant can still get the compensation even if
he or she is partly at fault.The
percentage of the fault has to be calculated first in terms of monetary loss,
which is then reduced by the fraction of liability that lies with the claimant.
In this manner, the other party at fault needs to pay only that portion of the
claimant’s losses that they are responsible for. For example, if there has been
around 25% loss caused by the claimant itself, he or she can pull through 75%
value of the losses from the other party at-fault.

Q. How can a Car Accident
affect the Insurance premiums?

A. The insurance premium for a car accident increases if
the fault is completely or partly that of the claimant. If not, then the
premium rates do not increase. It should be noted that the premiums for auto
insurance do not get affected by whether or not a person claims for damage reimbursement
from the auto insurance provider. Similarly, the premiums are not affected by
how hard the fight for claim with the insurance company is.

Q. What if one’s family member like Spouse or a Friend
is at fault for the Car accident and the Claimant don’t want to sue them?

A. There is no need to worry as such as most of the
at-fault car drivers do posses an auto insurance cover. They get defended
during the lawsuit and usually do not have to pay the settlement money. This
way, the auto insurance company defends the lawsuit of the client and does not disrupt
the lives of the people that are being sued, even if the fault is that of
spouse or a friend.

Q.Accidently, I got drawn in a Car accident and
my auto insurance provider wishes to send an indemnity adjuster at my place to talk
to me. What should I do?

A.
First of all, it is your duty to inform the auto insurance company about the
car accident. Further, when the insurance adjuster comes to meet you regarding
the same to get the statement about the injuries, let the adjuster take note of
everything and if needed, let him do audio recording of your discussion or simply
let him document a statement to which you can sign officially. However, while
doing so, let the adjuster know only about those events that the insurance
company is entitled to, otherwise, whatever you say to him can get used later
against you that may deny your compensation benefits.

Q. What If I Have Been Hurt
Before; Can I still get Compensation?

A. There is no need to worry as the previous injuries
usually do not affect ones right to have a fair settlement in the future cases
to get compensation. For example, if re-injury occurs or the personal injury
caused by other party aggravates, then also you are entitled to claim for the compensation.

Q. What if the Person at Fault
in a Car Accident has no Auto Insurance?

A.
Actually, all the drivers need to have an insurance coverage for their automobiles,
however, many ignore this. In such instances, the claimant’s insurance company
can provide the insurance cover, if the automobile policy supports coverage for
uninsured motorist. Such complicated personal injury cases can be handled best
with the assistance of an attorney who has got hands-on experience in managing delicate
injury claims.

Q. Do I need an Attorney to
have a Fair settlement in a Personal Injury?

A. Usually, a personal injury plaintiff needs to
handle the claim with the help of an insurance adjuster. However, many people
find it difficult to negotiate with an adjuster and this way, get deprived of
the fair settlement. In such cases, assistance of an experienced attorney can
prove beneficial as his advice can save a lot of time and the additional stress
that you may have to undergo otherwise.

Q. Will
I have to go to trial for a Personal Injury?

A.
In general, most of the personal injury cases can be settled before going to
trial. This not only saves time but also the expenses that an insurance company
is likely to incur upon the party at-fault.